Article 590. Refusal to extradite a person (extradition) CPC RK Criminal Procedure Code of the Republic of Kazakhstan

  1. The extradition of a person is not allowed if:

     1) the person in respect of whom an extradition request has been received is a citizen of the Republic of Kazakhstan and the international treaty of the Republic of Kazakhstan with the requesting party does not provide for the extradition of its own citizens;

     2) the act that served as the basis for the request for the extradition of a person is not recognized as a crime in the Republic of Kazakhstan.;

     3) the crime for which the extradition of a person has been requested does not provide for a custodial sentence in the Republic of Kazakhstan.;

     4) the person in respect of whom an extradition request has been received has been granted asylum by the Republic of Kazakhstan;

     5) a sentence that has already entered into legal force has been passed against the person for the same crime or the proceedings have been terminated.;

     6) at the time of receipt of the request for the extradition of a person (extradition), criminal prosecution under the legislation of the Republic of Kazakhstan cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or on other legal grounds.;

     7) there are grounds to believe that the person against whom an extradition request has been received may be threatened with the death penalty or torture by the requesting party, or his health, life, or freedom may be in danger based on race, religion, nationality, citizenship, membership in a particular social group, or political beliefs, except in cases stipulated by an international treaty of the Republic of Kazakhstan;

     8) the act in connection with which the extradition of a person is requested, in accordance with the legislation of the Republic of Kazakhstan, is prosecuted only by way of private prosecution, unless otherwise provided for by an international agreement of the Republic of Kazakhstan with the requesting party.;

     9) the act in connection with which the extradition of a person is requested is classified as a military crime under the legislation of the Republic of Kazakhstan, unless otherwise provided for by an international agreement between the Republic of Kazakhstan and the requesting State.;

     10) the central authority of a foreign state has not provided, at the request of the Prosecutor General's Office of the Republic of Kazakhstan, additional materials or data without which it is impossible to make a decision on an extradition request;

     11) the extradition of a person is contrary to the obligations of the Republic of Kazakhstan under international treaties of the Republic of Kazakhstan;

     12) there are other grounds provided for by an international treaty of the Republic of Kazakhstan.

     2. The extradition of a person (extradition) may be refused if the crime for which the extradition of a person (extradition) is requested has been committed on the territory of the Republic of Kazakhstan or abroad, but is directed against the interests of the Republic of Kazakhstan.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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